M. P. Moller, Inc. v. Wedgeway-Strand Theatre Co.

Majority

p. 562

M. P. Moller, Inc., Respondent, v. Wedgeway-Strand Theatre Co., Inc., et al., Defendants, and William W. Farley, as Receiver, and the Farash Theatre Co., Inc., Appellants.

Headnote

Replevin — conditional sale — foreclosure of mortgage covering building wherein had been installed pipe organ under contract of conditional sale — action by seller to recover organ.

Moller, Inc., v. Farley, 219 App. Div. 750 , affirmed.

(Argued October 12, 1927;

decided October 28, 1927.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,

p. 563

entered January 10, 1927, modifying and aflSrming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action in replevin to recover a pipe organ installed by plaintiff in a theatre under a contract of conditional sale. A prior mortgage covering the premises provided that all fixtures and appurtenances thereafter placed in the theatre should be considered a part of the realty. The mortgage was thereafter foreclosed and defendant Farley appointed receiver.

Amasa J. Parker, Jr., for appellants.

Charles G. Fryer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.